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We are pleased to inform you that the Trademark Official
Gazette issued on November 23 published Resolution No. M-2150 of
this past Friday, November 18, and Resolution No. M-2153 of
November 22.
On the one hand, the INPI has updated the Reclassification of
Goods and Services in accordance with the first of these
resolutions -No. M-2150- and in light of the coming into force of
the Eleventh Edition of the Nice Classification on January 1, 2017.
It is therefore crucial to understand the changes taking place in
the classification of goods and services from one class into
another one, as indicated in the WIPO working documents.
On the other hand, Resolution No. M-2153/16 prescribes that for
the renewal of those registrations expiring as of January 1, 2017,
as many renewal applications as necessary should be filed within
the legal time frame in order to safeguard all protected goods or
services when, upon that date, these result classified in a
different class based on the Classification in force, as already
prescribed in Section 1 of Resolution No.M-1415/07.
Likewise, all renewal applications submitted between November
18, 2016 and those to be filed until December 31, 2016 for
registrations expiring as of January 1, 2017, i.e., upon
publication in the Official Gazette of Resolution No. P-108/16
adopting the Eleventh Edition of the Nice Classification, shall be
handled in the same manner.
In the case of renewal procedures for registered trademarks
expiring as of January 1, 2017, which had been initiated within the
legal term and on or before November 17, 2016, i.e. the publication
date in the Official Gazette of INPI Resolution No. P-108/16,
applicant shall exceptionally be served with an office action
during the course of examination and shall be required to submit as
many renewal applications as necessary within the term of 30
administrative working days in order to safeguard all protected
goods or services that upon the expiration date of the trademark to
be renewed result classified in a different class based on the
Classification in effect due to the coming into force of the
Eleventh Edition of the Nice Classification.
Finally, upon expiration of the registration for which renewal
is sought, or upon expiration of the granted
30-administrative-working-day term without submission of any other
renewal application on behalf of the interested party, it shall be
understood that the party is uninterested in such a procedure and
that the party only intends to renew the sign pertaining to the
goods or services that, upon expiration of the trademark to be
renewed, remain included in the class under which that sign had
been granted.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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